BILL NUMBER: S7392A
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the sale of
salvaged airbags; and to repeal certain provisions of such law relating
thereto
 
PURPOSE:
The purpose of this bill is to allow the sale of non-deployed recycled
airbags in New York, provided that such airbags pass the required safety
standards.
 
SUMMARY OF PROVISIONS:
Section 1 - repeals paragraph (e) of subdivision (6) of section 398-d of
the vehicle and traffic law, which prevents the sale of recycled airbags
unless such airbag is certified according to standards established by a
nationally recognized testing, engineering and research body.
Section 2 - repeals Section 415-c of the vehicle and traffic law, relat-
ing to the restriction on the sale of salvaged inflatable restraint
systems. It also adds a new section 415-c, governing the sale of non-de-
ployed recycled airbags.
Section 3sets the effective date.
 
JUSTIFICATION:
New York law requires anyone attempting to sell airbags that are
salvaged from another vehicle (non-deployed recycled airbags) to have it
certified according to the standards established by a nationally recog-
nized testing, engineering, and research body approved by the Commis-
sioner of DMV in consultation with the Superintendent of DFS.While this
law has been in effect since 1998, an appropriate testing and engineer-
ing body was never created, which has therefore rendered all sale of
salvaged airbags illegal in New York State. New York State is the only
state in the country in which it is functionally illegal to sell non-de-
ployed recycled airbags.
However, it is not illegal for repair shops to install non-deployed
recycled airbags in New York, meaning that repair shops often go to
neighboring states to purchase non-deployed recycled airbags and install
them in New York, putting New York recycled parts dealers at an unneces-
sary disadvantage. Further, due to the high cost of purchasing a new
airbag compared to a non-deployed recycled airbag, many vehicles
involved in collisions in New York are totaled by insurers, when they
would not be in other states. In other states, an insurer will often
allow the deployed airbag to be replaced with a non-deployed recycled
airbag, ultimately providing cost savings to the consumer.
 
LEGISLATIVE HISTORY:
2021-22: S.8513/A.7423B
2023-24: S9496
 
FISCALCATIONS:
This bill would have a positive fiscal impact to the State; by allowing
the sale of salvaged airbags it could increase sale tax revenue a few
million dollars annually.
 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law

Statutes affected:
S7392: 398-d vehicle and traffic law, 398-d(6) vehicle and traffic law, 415-c vehicle and traffic law
S7392A: 398-d vehicle and traffic law, 398-d(6) vehicle and traffic law, 415-c vehicle and traffic law